Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)

First Revised Volume No. 1

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Effective Date: 01/26/2009, Docket: RP09-185-001, Status: Effective

Second Revised Sheet No. 80 Second Revised Sheet No. 80

Superseding: First Revised Sheet No. 80

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21. Capacity Release Program (continued)

 

Replacement Shipper, its successors or assigns, arising from any action taken by

Transporter in reliance upon the Releasing Shipper's nominations and instructions and

will hold Transporter harmless for any action taken by Transporter in reliance upon the

nominations and scheduling instructions of the Replacement Shipper. The Replacement

Shipper will indemnify Transporter against any claim or suit by the Releasing Shipper,

its successors or assigns, arising from any action taken by Transporter in reliance upon

the nominations and scheduling instructions of the Replacement Shipper and will hold

Transporter harmless for any actions taken by Transporter in reliance upon the instructions

of the Releasing Shipper.

 

(l) Replacement Shippers may use secondary delivery points.

 

(m) All transportation rights released hereunder shall be scheduled and curtailed

as firm transportation service under Section 10 of these General Terms and Conditions.

Interruption or curtailment of such released service shall be in accordance with

interruption or curtailment of firm service under this Tariff and as prescribed by the

terms of the release. All Replacement Shippers may re-release their capacity subject to

the terms and conditions for release as set forth herein.

 

21.7 Posting and bidding requirements: Releases for any period of thirty-one (31) days

or less, a release of capacity for more than one year at the maximum tariff rate, a release

to an asset manager (as defined by FERC regulations at 18 C.F.R. §284.8(h)(3)), or releases

to a marketer participating in a state regulated retail access program (as defined by FERC

regulations at 18 C.F.R. § 284.8(h)(4)) are exempt from advance posting and bidding

requirements set forth in this Section 21. However, the Releasing Shipper must provide the

terms of such releases to Transporter for informational posting purposes at the time of the

release. When a capacity release for thirty-one (31) days or less is exempt from posting

and bidding requirements, a Releasing Shipper may not roll-over or extend the release

unless it complies with the posting and bidding requirements, and may not re-release to the

same Replacement Shipper using the thirty-one (31) days or less bidding exemption until

twenty-eight (28) days after the first release period has ended, except as otherwise

permitted by 18 C.F.R. § 284.8(h)(2), such as a release to an asset manager or to a

marketer participating in a state-regulated retail access program.